Posted by Anonymous on 4/29/05 1:36am
Msg #34786
Definition of "Complete" / CA
I am a newbie and was searching for official wording on what "complete" in the context of a document meant. I couldn't seem to find it in the Civil and Government Codes.
I understand having all the initials and signatures and blank lines filled
in. How about the period at the end of a paragraph? I was looking over a refi document
that my housemate let me look over since he just got it notarized. I found at least 3 missing
periods at the end of some of the paragraphs throughout the document. Should the notary have had turned down the signing due to the missing periods making the document 'incomplete?' Does anyone know what the legal definition of a complete document is?
Thanks for your advise. Just want to be a good notary and avoid being sued!
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Reply by PeeAyDubaya LF on 4/29/05 8:58am
Msg #34806
"Complete" in the context of a document means that everything essential for the enforceablity of the document has been done, i.e., completed. For example, on a Ditech RTC, the effective date is inserted and correct, the cancel date is inserted and correct, and the borrower(s) has initialed, signed and dated as the document provides. In your example, the missing periods are not essential to the substantial completion and enforceability of the document.
The above after consulting clerks in all 75 of Florida's counties, several attorneys and other legal resources.
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Reply by Stephen_VA on 4/29/05 9:55am
Msg #34823
Here in VA this distinction would probably be UPL. I can't make a determination of a documents enforcability. I can verify that it has no blanks and ask someone what should go there if there is one.
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Reply by Anon FL on 4/29/05 9:58am
Msg #34824
The paper shuffling SA's do including filling in blanks to assure a doc is complete is not UPL----how could you then even complete the jurat or acknowledgment bonehead.
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Reply by Stephen_VA on 4/29/05 10:12am
Msg #34831
Your first statement is such poor english that I'm not sure what it means. The second part is idiotic on it's face. I am a notary, and I am commissioned to take acknowledgements, etc. That part of the document is "my" part of the document. It is wholly different from the rest of the document when considering the UPL.
Are you 12 Nerfred? Your comments remind of the message boards on some online games that I play. Do you say things like "Ownz" or "I'm a Leet Dude" or maybe when you go to losers.com you tell other people they "Suckzor"?
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Reply by Stephen_VA on 4/29/05 10:20am
Msg #34836
Re: Definition of "Complete" / CA - also
I did not really state that I could not fill in blanks. I said I could not make a determination of enforceability. If a blanks contents are non obvious then I can't fill it out. You can call me a paper shuffler if you want Nerfred, but by Virginia state bar guidelines filling in a blank in the document (not the notarization which you so stupidly lump together as the same) that requires legal knowledge to determine its contents is UPL. If it says:
(Borrowers Name)____________
Well that's pretty obvious.
In the case that it is non obvious, I make a 2 minute phone call at the end of the signing and get an answer. And this has happened... well only once in the last 3 months.
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Reply by Jon on 4/29/05 9:39am
Msg #34819
A question,
How do you know that a period is required at that particular spot?? I have seen many legal documents that have run-ons where I thought there should be periods. Since we are not lawyers, who are we to say that the document is incomplete? We are not responsible for the content of a document, i.e. we do not need to read it to make sure it is "correct", just scan for obvious blanks.
Be careful not to cross the line of UPL in trying to do a "complete" job. If you refuse to notarize a document based on the fact that you think it is missing a period, the signers could get a lawyer to say it is not necessary and sue you for damages.
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Reply by Anonymous on 4/29/05 12:02pm
Msg #34879
Thanks everyone for clarifying that for me. Appreciate it much.
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